M JAYAKUMAR Vs. CHANCELLOR UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner is an unsuccessful candidate in the election to the Senate of the Kerala University from the graduate constituency. He filed Ext. P3 election petition before the first respondent under S.29 of the Kerala University (Conduct of Election to Various Authorities or Bodies) First Statutes, 1974. The prayer in Ext. P3 was to declare that the result of the election to the Senate by the registered graduates declared on 8.10.1999 as null and void. By Ext. P7 the first respondent, who is the Chancellor of the University dismissed the election petition. The ground on which the election petition was dismissed is that the candidates who were elected to the Senate from the graduate constituency were not made parties to the election petition.

(2.) The argument of the petitioner before the first respondent was that at neither S.77 of the Kerala University Act, 1974 nor the Kerala University (Conduct of Election to Various Authorities or Bodies) First Statutes, 1974 provides for impleadment of candidates who were elected as parties to the election petition. It was further argued that the provisions contained in the Representation of the Peoples Act cannot be looked into for holding that the candidates elected are necessary and proper parties to an election petition. The first respondent rightly upheld the salutary principle of natural justice that nobody shall be condemned unheard.

(3.) Learned counsel for the petitioner submits that Ext. P7 is illegal and is liable to be interfered by this Court. It was further argued that the first respondent ought to have given the petitioner an opportunity to implead the necessary and proper parties and the dismissal of the petition without giving such an opportunity is bad in law. A further request was made to give him an opportunity to implead those elected persons in this Original Petition.